BEFORE THE STATE TAX COMMISSION OF UTAH
Petitioner, : INFORMAL DECISION
COLLECTION DIVISION OF THE : Appeal No. 87-0893
STATE TAX COMMISSION OF UTAH, ) Acct. No. XXXXX
STATEMENT OF CASE
This is an appeal to the Utah State Tax Commission from a decision of the Collection Division of the Utah State Tax Commission (Respondent) to assess penalty and interest on individual income tax account No. XXXXX for the tax year XXXXX. An Informal Hearing was held on XXXXX in the offices of the Utah State Tax Commission. David J. Angerhofer, Hearing Officer, heard the matter for the Commission. XXXXX represented the Petitioner. Respondent assessed a penalty of $$$$$ and interest of $$$$$ as of XXXXX on a tax due of $$$$$ for the tax year XXXXX. Petitioner stated that the trust is a XXXXX trust with various assets including a partnership interest in XXXXX. Petitioner stated that it had filed Colorado returns and had not realized that it had income from the state of Utah. This Utah income flows through the partnership which has a Utah source. This partnership, of which Petitioner is a limited partner, had previously been a corporation. Petitioner was not required to file a Utah return at that time. When the corporation liquidated and went into a limited partnership, Petitioner did not distinguish between the corporation and the partnership and did not realize it than had to pay taxes to Utah. Petitioner stated that a penalty should not be applied pursuant to Utah Code Ann. 59-13-27 (1953) because there was reasonable cause for the failure to file and there was no willful neglect. Petitioner requests a waiver of penalty.
A penalty is properly assessed if a taxpayer fails to timely make and file a return unless "it is shown that the failure to file it was due to reasonable cause and not due to willful neglect. . ." Utah Code Ann. 59-13-27 (1953). Pursuant to this section the failure to file must be both due to reasonable cause and not due to willful neglect. The Commission finds that although there was no willful neglect in this matter, the failure to file was not reasonable. Petitioner was negligent in failing to apprise itself of its change in tax status once the corporation was liquidated and Petitioner became a limited partner.
DECISION AND ORDER
It is the Decision and Order of the Utah State Tax Commission that Petitioner's request for waiver on individual income tax account No. XXXXX be denied.
DATED this 10 day of September, 1987.
BY ORDER OF THE STATE TAX COMMISSION OF UTAH
R. H. Hansen G. Blaine Davis